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  • Obamacare’s Constitutionality and the Origination Clause: New Evidence0

    • April 27, 2015

    This article originally appeared at the American Thinker. One of the constitutional disputes triggered by the Affordable Care Act, Obamacare, is whether by substituting new material for the original House-passed bill (H.R. 3590), the Senate exceeded its constitutional power to amend the original measure. This, in turn, has provoked a debate over whether the Founders

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  • VA Scandals—Only the Latest Example of the Failure of Socialism0

    • April 9, 2015

    To know more about socialized medicine—and our future under Obamacare—check out the Department of Veterans’ Affairs health care scandals. The scandals encompass service failure, egregious cost overruns and delays, and basic failures (such as blood test mixups) that would be comical if not so dangerous. The VA hospital situation in Denver is a case in

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  • King v. Burwell: The Latest Obamacare Mess at the Supreme Court0

    • March 10, 2015

    When I first heard about King v. Burwell, the latest Obamacare controversy before the U.S. Supreme Court, I assumed it was the kind of case in which the legislative intent was clear, but for one reason or another the wording of the statute did not match the legislative intent. That would have been an interesting

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  • Chief Justice John Marshall: Not the Big Government Guy You Might Think0

    • February 22, 2015

    Chief Justice John Marshall (in office 1801-1835) is often identified with an expansive “big government” interpretation of the Constitution. Fans of big government cite him as an ally; opponents as an enemy. This view of Marshall is a caricature. It is true that Marshall was a Federalist—he occupied a place on the political spectrum of

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  • Is Obama Violating the “Take Care” Clause?0

    • January 11, 2015

    The Constitution requires the President to “take Care that the Laws be faithfully executed.” This “take Care” language came from 18th century commissions and formal instructions by which higher officials delineated what lower officials were to do. The premier examples were royal instructions to colonial governors, but the Continental and Confederation Congresses used the same

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  • More Evidence From Last Term That It’s Not a “Conservative Supreme Court”0

    • October 20, 2014

    Note: This article was first published at cns news. There is a common media myth that the current U.S. Supreme Court, or at least a majority of the current justices, is “conservative.” But if a “conservative” justice is one who consistently interprets the Constitution in accordance with traditional methods of judging—as the Founders intended for

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